Council adopts don't ask policy

ALBANY — The city waded cautiously into the national immigration debate Monday night when lawmakers called on police and other public safety workers not to ask people their immigration status if they are "not posing a threat to the community."

The Common Council approved the measure 14-0, with one member absent from the chamber, only after adding a clause that specifically said the intent was not to encourage people to live illegally in the United States.

Rather, supporters said, the resolution is meant to encourage a climate of trust and acceptance that will among other things enable immigrants — documented and otherwise — to access emergency services without fear of arrest and detention.

"What this is not is a free pass for someone to engage in illegal activity," said Councilman James Sano, who expressed concern that the measure was being spun by some people to mean the city was asking police to turn a blind eye to crime.

"Don't let the haters distort what this is not," Sano urged.

The measure is not binding on city employees.

In a caucus prior to the vote, Councilwoman Sandra Fox cautioned that she didn't "want to open the door to be a sanctuary city" — a reference to those cities that have taken a hard line about their resources not being used to enforce federal immigration laws. Fox, who in an informal poll was among those who indicated they would not support the measure, left the meeting before a vote was taken.

In adopting the resolution, Albany joined at least 30 other cities, towns and counties throughout the country — including Boston, Cleveland and New York City — that have passed similar measures, many of them more strongly worded, said its chief sponsor, Councilwoman Barbara Smith.

At its core, Smith said, the resolution is another bulwark against racial profiling and a mechanism to keep questions if immigration status out of situations where they have no place.

Councilman Joseph Igoe, who expressed concern about how the resolution might affect the ability of police and firefighters to do their jobs, ultimately voted yes after admitting he was swayed by members of the public who spoke on its behalf.

Among them was George Olongo, 27, who came to the United States two years ago from the Democratic Republic of Congo and is now studying political science in Albany.

Olongo said he ultimately hopes to return to Africa to use what he learns in his home country but reminded council members of the United States' immigrant origins as "a beacon of freedom", the trust the country has placed in immigrants in the past, such as Albert Einstein, and urged lawmakers not to get tangled in politics.

"This is not a political issue," Olongo said. "It's not about politics. It's a human rights issue."